Come and Take It: The Eminent Domain Podcast

Justin Hodge joins for Episode 59 of the podcast to discuss a story of his best friend's dad showing up as a veniremen in a condemnation case, Justin's mentors, and a book someone gave Justin when his grandmother passed away (Imagine Heaven).

Stephen Clarke joins the podcast to share a story about a client that fibbed about his life history and the reaction of clients to the cancellation of Atlantic Coast Pipeline. He also introduces me to the boardgame "Settlers of Catan."

Carolyn Elefant makes a return appearance for Episode 53 of the Eminent Domain Podcast. The D.C. Circuit issued its ruling in Alleghany Defense Fund v. FERC. The Alleghany Defense Fund case considered the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval. The National Law Review explained the decision as one that "could radically disrupt and fundamentally alter the way [FERC] handles challenges to its orders."

Carolyn explains the decision of the D.C. Circuit which holds, among other rulings, that the Natural Gas Act (NGA) does not authorize FERC to issue “tolling orders” solely to prevent the expiration of the 30-day statutory period to act on requests for rehearing, which under the NGA results in the request for rehearing being “deemed denied.”

In Episode 47 of the Eminent Domain Podcast, Carolyn Elefant joins the podcast to discuss the FERC approval process. She also discusses the D.C. Circuit oral argument that recently occurred in the case of Alleghany Defense Fund v. FERC. The Alleghany Defense Fund case considers the question of whether FERC can play "four corners" with the administrative review process to effectively moot a challenge to FERC approval.

FERC expert Carolyn Elefant joins us to discuss the recent U.S. Supreme Court opinion in PennEast Pipeline Co. v. New Jersey. As always, she brings great insight. This case discusses, among other things, the balance between state rights and the federal power to condemn. A copy of the opinion can be found here: https://www.supremecourt.gov/opinions/20pdf/19-1039_8n5a.pdf

We discuss Carolyn’s blog site, My Shingle, which can be found here: https://myshingle.com/

Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/